Draft Decision on the adaptation of Part III and the creation of an Annex 16 to
the Common Consular Instructions.

Draft Decision on the adaptation of Part III and the creation of an Annex 16 to
the Common Consular Instructions.

Legal base:

Council Regulation (EC) No 7981/01 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications;  ; unanimity of participating States

Deposited in Parliament:

9 January 2002

Department:

Home Office

Basis of consideration:

Minister's letter of 4 March 2002

Previous Committee Report:

HC 152-xv (2001-02), paragraph 7 ( 30 January 2002)

To be discussed in Council:

Date not set

Committee's assessment:

Politically important

Committee's decision:

(Both) Cleared

Background

18.1 The Common Consular Instructions on Visas constitute
the operational instructions to the consular authorities of the
Schengen States. They need frequent updating.

18.2 Since the UK has not applied to participate in those
parts of the Schengen acquis which relate to visa requirements
and does not follow the procedures set out in the Common Consular
Instructions, we do not normally report on proposals for their
adaptation. However, when we considered these documents in January,
they prompted us to raise some questions with the Parliamentary
Under-Secretary of State at the Home Office (Angela Eagle).

The Minister's letter

18.3 The Minister has now responded. She addresses our
first question as follows:

"The Committee wanted to know how, in view of the fact
that the United Kingdom is playing no part in agreeing the harmonised
visa application form and does not participate in any elements
of the Schengen acquis relating to visa requirements, the UK can
exert influence to ensure that other EU Member States have clear,
transparent and quick procedures to allow those residing in the
United Kingdom to enter the Schengen area. I can assure the committee
that although the UK does not take part in measures such as the
Common Consular Instructions, we are still able to influence these
areas. Officials from the Immigration and Nationality Directorate
represent UK interests at a wide range of EU fora at which policy
is developed on visa and other frontier control issues. These
officials are able to contribute to these developments, including
in those areas in which we do not participate. There is also bi-lateral
working with member states who are participating in these measures.
The UK has considerable experience and expertise in a number of
areas including visa processing and frontier control that is valued
by colleagues in Europe. The UK, where appropriate, seeks to share
this experience and by doing so influence community policy development
in these areas."

18.4 We also asked why the UK participates in the uniform
format for visas but not in the harmonised Schengen visa application
form. Further, we asked whether the UK has its own visa application
form and, if so, whether it differed significantly from the Schengen
version.

18.5 In response, the Minister says:

"The Schengen visa application form (copy attached for
your information) is for use by those people applying for a visa
to allow access to the countries in the Schengen zone, which covers
all EU countries except the UK and Ireland (plus Norway and Iceland).
Countries in the Schengen zone have a different approach to immigration
control and their traditional focus is on in-country control.
Schengen common visa policies are based on the premises that immigration
control is exercised at a Schengen external border and that within
the Schengen area there is free movement of persons. As a result
of the principle of free movement Schengen countries operate a
system of mutual recognition of visas.

"Because of the government's commitment to retain control
over frontier and immigration policy, we do not participate in
the Schengen visa arrangements and as such a Schengen visa does
not permit entry to the UK. We do not therefore use the Schengen
visa application form. The UK does have its own application form.
A copy is attached for your information. While our application
form does not differ significantly from the Schengen version,
our form is designed to obtain all the basic information necessary
for entry into the UK as set out in the Immigration Rules. Since
our criteria for entry in certain categories differs from the
Schengen criteria, different information is required on the form.

"We have decided to participate in the new Regulation on
the uniform format for visas because it does not influence either
our ability to subject people to immigration control, or our ability
to operate an independent immigration policy. The new Regulation
on a uniform format for visas is limited to matters of document
security and format."

Conclusion

18.6 We thank the Minister for her full and helpful
response, and for sending us copies of the different application
forms. It is pleasing, if still somewhat surprising, that the
UK is able to exert its influence on measures in which it does
not take part.